01. Ordinance 1607 - Zoning Text Amendment - Livestock within City Limits - 2nd ReadingREPORT TG:
FROM:
SUBJECT
MEETING DATE:
City of Kalispell
Planning Department
17 - 2"d Street East, Suite 211
Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751--1858
Website: kalispellplanning.com
Kalispell Mayor and City Council
Thomas R. Jentz, Director
James H. Patrick, City Manager
Second Reading -Amendment to City Code section 4-1 regarding
livestock (horses) within the city limits
May 21, 2007
BACKGROUND: This is the second reading on a request to amend City Code Section
4--1 regarding livestock and specifically the keeping of horses within the city. The
amendment would allow the keeping of one horse per usable acre of pastureland in
any zone in the city.
The Kalispell City Council approved the first reading of the ordinance at their regular
meeting of May 7, 2007.
RECOMMENDATION*. A motion to approve the second reading of the ordinance for
initial zoning would be in order;
FISCAL EFFECTS: Neutral, cost of enforcement may increase balanced by
meeting the needs of present and future residents seeking a more rural lifestyle within
the city.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Thomas R. Jentz
Director
Report compiled: May 15, 2007
James H. Patrick
City Manager
ORDINANCE NO, 1607
AN ORDINANCE AMENDING KALISPELL CITY ORDINANCE 4-1 PERMITTING
HORSES TO BE KEPT WITHIN THE CITY UNDER CERTAIN CONDITIONS AND
DECLARING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1 Kalispell City Code 4-1 is hereby amended to read as follows:
No person shall keep within the city limits any cattle, , mules, sheep, goats,
buffalo, swine, wild or domesticated predatory or game animal; provided, however:
A. That this section shall not be applicable upon property owned by the
Flathead County fair board and operated by such board as a fairgrounds within the
city, and
B. That this section shall not be applicable to persons who keep pygmy goats
or potbellied pigs as household pets, provided that no person shall keep more than
two (2) pygmy goats or two (2) potbellied pigs.
C. Horses are ermitted within any 2onin district subject to the followin
minimum requirements:
(1) The number of horsespermitted on a -propgrty. shall equal one horse er
one acre of fenced.pasture land.
(2) Offspring to permitted animals living on the lot shall not be counted as
art of the animal densily for one year from date of birth at which time the
owner shall bring he animal, dens ty,,b,ack into compliance with this
ordinance.
(3) Property owners must maintain the animals and...pasture in a manner that
does not cause adverse im act to neighboring ro ert owners. Potential
negative impacts on adjacent ro erties include offensive odorspasture run-
off and the unusual presence of insects (flies). Failure to maintain the
property in accordance with these requirements shall be considered a
violation of this ordinance.
(4) Property annexed into the city exceeding the densities required under
section (1) above, shall have up to two years from the date of annexation to
brim the animal density into compliance with this ordinance.
Any person so offending shall be guilty of a misdemeanor and upon conviction thereof
shall be punished as provided in section 1-9 of this code, and shall be responsible for
damages done by such animals.
SECTION 2 This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 21ST DAY OF MAY, 2007.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk